Title 80, Utah Juvenile Code

80-2-1005. Classification of reports of alleged abuse or neglect -- Confidential identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful release and use -- Penalty. (1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Prote…

80-2-1006. Sharing of records with Indian tribe under agreement. If the division has a privacy agreement with an Indian tribe to protect the confidentiality of division records regarding an Indian child to the same extent that the division is required to protect other division re…

80-2-1007. Request to examine division services payment -- Access to related records -- Unlawful use -- Penalty. (1)(a) An individual who is a taxpayer and resident of this state and who desires to examine a payment for services offered by the division in accordance with this cha…

80-2-102. Definitions. (1) As used in this chapter: (a) "Consult" means an interaction between two persons in which the initiating person: (i) provides information to another person; (ii) provides the other person an opportunity to respond; and (iii) takes the other person's resp…

80-2-1101. Citizen review panel -- Child Welfare Improvement Council -- Duties. (1)(a) The division may establish one or more citizen review panels to: (i) assist and advise the division as determined by the division; and (ii) comply with 42 U.S.C. Sec. 5106a(c). (b) Each panel s…

80-2-1102. Performance monitoring system -- Report. (1) As used in this section: (a) "Performance indicators" means actual performance in a program, activity, or other function for which there is a performance standard. (b) "Performance standards" means the targeted or expected l…

80-2-1103. Annual review of child welfare referrals and cases by department -- Review by legislative auditor general -- Reports. (1) The division shall use principles of quality management systems, including statistical measures of processes of service, and the routine reporting …

80-2-1104. Child protection ombudsman -- Responsibility -- Authority -- Report. (1) As used in this section: (a) "Complainant" means a person who initiates a complaint with the ombudsman. (b) "Complaint" means a complaint regarding an act or omission by the division with respect …

80-2-201. Creation of division. (1) There is created the Division of Child and Family Services within the department. (2) The division is under the administration and general supervision of the executive director of the department. (3) The division has all functions, powers, duti…

80-2-202. Division director -- Qualifications -- Responsibilities. (1) The executive director of the department shall appoint the director of the division. (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, …

80-2-301. Division responsibilities. (1) The division is the child, youth, and family services authority of the state. (2) The division shall: (a) administer services to minors and families, including: (i) child welfare services; (ii) domestic violence services; and (iii) all oth…

80-2-302. Division rulemaking authority -- Family impact statement. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules: (a) that establish the process for: (i) determination of eligibility for services offered by the div…

80-2-303. Division enforcement authority -- Attorney general responsibilities. (1) The division shall take legal action that is necessary to enforce this chapter and Chapter 2a, Removal and Protective Custody of a Child. (2)(a) Subject to Section 67-5-17 and the attorney general'…

80-2-304. Administrative proceedings. The department and division shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the department's or division's adjudicative proceedings.

80-2-305. Fraudulently obtained services -- Division recovery -- Agreement with Office of Recovery Services. (1) If it is discovered that a person is fraudulently obtaining, or has fraudulently obtained, services offered by the division in accordance with this chapter or Chapter …

80-2-306. Division in-home services for the preservation of families. (1)(a) Within appropriations from the Legislature and money obtained under Subsection (5), the division shall provide in-home services for the purpose of family preservation to any family with a child whose hea…

80-2-307. Division reimbursement of motor vehicle insurance coverage for a foster child. (1) Within the amounts appropriated to the division for the purposes described in this section, the division may reimburse a foster parent for providing owner's or operator's security coverin…

80-2-308. Division responsibility for normalizing lives of children -- Requirements for caregiver decision making. (1) As used in this section: (a) "Activity" means an extracurricular, enrichment, or social activity. (b) "Age-appropriate" means a type of activity that is generall…

80-2-309. Orientation and identity. (1) As used in this section: (a)(i) "Custodian" means an individual who has legal custody of a child. (ii) "Custodian" does not include the division. (b)(i) "Guardian" means an individual who has qualified as a guardian of a child pursuant to t…

80-2-310. Continuity of mental health treatment and services for a foster child. (1) As used in this section, "mental health therapist" means the same as that term is defined in Section 58-60-102. (2) When a child enters the custody of the division, the division shall: (a) determ…

80-2-401. Division employees -- Failure to comply with law or division rule or policy -- Termination. (1) The director shall ensure that an employee is fully trained to comply with state and federal law, administrative rules made in accordance with Title 63G, Chapter 3, Utah Admi…

80-2-402. Child welfare training coordinator -- Mandatory education and training of child welfare caseworkers -- Development of curriculum. (1) There is created within the division a full-time position of a child welfare training coordinator. (2) The child welfare training coordi…

80-2-403. Child welfare caseworker safety and risk assessments. (1) A child welfare caseworker within the division shall use evidence-informed or evidence-based safety and risk assessments to guide decisions concerning a child throughout a child protection investigation or procee…

80-2-404. Division volunteers -- Reimbursement. (1) The division may: (a) accept and use volunteer labor or services; (b) reimburse volunteers for necessary expenses, including transportation, and provide recognition awards and meals for services rendered; and (c) cooperate with …

80-2-405. Private recruitment and training of foster care parents and child welfare volunteers -- Extension of immunity. (1) As used in this section: (a) "Referring entity" means: (i) an incorporated or unincorporated organization or association whether formally incorporated or o…

80-2-501. Children's Account. (1) There is created a restricted account within the General Fund known as the "Children's Account." (2) The account shall be funded by: (a) appropriations to the account by the Legislature; (b) revenues received under Section 26B-8-112; and (c) tran…

80-2-503. Division contracts for prevention and treatment of child abuse and neglect -- Requirements -- Public hearing -- Funding provided by contractor. (1)(a) The Legislature finds that there is a need to assist private and public agencies in identifying and establishing commun…

80-2-503.5. Psychotropic medication oversight program -- Behavioral health service rates. (1) As used in this section: (a) "Advanced practice registered nurse" means an individual licensed to practice as an advanced practice registered nurse in this state under Title 58, Chapter …

80-2-504. Definitions -- Federal benefits for minors in the custody of the department -- Financial training -- Rulemaking -- Reporting. (1) As used in this section: (a) "ABLE account" means an Achieving a Better Life Experience program account. (b) "Custody of the department" mea…

80-2-601. Legislative purpose. It is the purpose of this part to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in de…

80-2-602. Child abuse and neglect reporting requirements -- Exceptions. (1) Except as provided in Subsection (3), if a person, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to belie…

80-2-603. Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements. (1) As used in this section: (a) "Health care provider" means: (i) an individual licensed under: (A) Title 58, Chapter 31b, Nurse Practice Act; (B) Title 58, Chapter 44a, Nurse Midwi…

80-2-604. Death of a child reporting requirements. (1) A person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to: (a) the local law enforcement agency; and (b) the appropriate medical examiner in accordance with Title 26B, …

80-2-605. Physician removal of a child -- Reporting requirements. (1) Subject to Subsection (3), a physician examining or treating a child may take the child into custody, without the consent of the child's parent, guardian, or any other person responsible for the child's care or…

80-2-606. Written reports. (1)(a) A person who orally reports under Section 80-2-602, 80-2-603, or 80-2-604 shall, upon request of the division, provide the division with a written version of the oral report. (b) The person shall provide the written report within 48 hours after t…

80-2-607. Health care provider photographs of child abuse or neglect. (1) A licensed physician, licensed physician assistant, medical examiner, peace officer, or public health officer or official may take a photograph of the areas of trauma visible on a child and, if medically in…

80-2-608. Confidential identity of person who reports. Except as provided in Sections 80-2-609, 80-2-611, and 80-2-1005, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under this part and any other person involved i…

80-2-609. Failure to report -- Threats and intimidation -- Penalty. (1) If the division has substantial grounds to believe that a person knowingly failed to report under Section 80-2-602 or 80-2-603, the division shall file a complaint with: (a) the Division of Professional Licen…

80-2-610. Immunity from liability for a report -- Exception. (1)(a) A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a chil…

80-2-611. False reports -- Investigation -- Notice of penalty. (1) The division may conduct an investigation to determine whether a report under Section 80-2-602 or 80-2-603 is false. (2) The division shall send a certified letter to a person who makes a report of abuse or neglec…

80-2-701. Division preremoval investigation -- Supported or unsupported reports -- Convening of child protection team -- Coordination with law enforcement -- Consultation with child protection team before close of investigation. (1)(a) The division shall conduct a thorough prerem…

80-2-702. Division post-removal investigation -- Supported or unsupported reports -- Convening of child protection team -- Cooperation with law enforcement -- Close of investigation. (1) If a child is taken into protective custody in accordance with Section 80-2a-202 or 80-3-204 …

80-2-703. Conflict child protective services investigations -- Authority of investigators. (1)(a) The department, through the Division of Continuous Quality and Improvement, shall conduct an independent child protective service investigation to investigate reports of abuse or neg…

80-2-704. Division interview of a child -- Support person for the child -- Notice -- Recording. (1) The division may conduct an investigative interview of a child who: (a) except as provided in Subsection (5), is the subject of the report or identified during an investigation und…

80-2-705. Law enforcement interview of a child in division's custody. (1) Except as provided in Subsection (2), the division may not consent to the interview of a child in protective custody or the division's temporary custody or custody by a law enforcement officer, unless conse…

80-2-706. Child protection team convened during division investigation -- Coordination of team -- Timing of team meetings. (1)(a) The division shall convene a child protection team for a particular case: (i) in accordance with Section 80-2-701; (ii) if the child is taken into pro…